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Thread: Ohio AG Serves Notice to Police that Open Carry is Lawful & that K-12 school ban is ease

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    http://www.ohioccw.org/content/view/4046/67

    Ohio AG's Office Works to Educate Law Enforcement Agencies on Gun Law Changes

    Written by Daniel White

    Thursday, 21 August 2008


    Ohio Attorney General Nancy Rogers' office, partially in response to OFCC's request for assistance
    , has taken several steps to educate law enforcement officials in Ohio about not only the upcoming changes in Ohio's concealed carry laws (scheduled to go into effect September 9), but also reminding of the fact that open carry is legal in Ohio.

    The new Concealed Carry Publication required to be published by the Attorney General is due to be in sheriff's hands by September 8 and will not only cover the changes in the law, but will also contain information about the legality of open carry.

    They also will be including open carry information in upcoming continuing education sessions conducted through the Ohio Peace Officers Training Commission, such as the Fall 2008 Ohio Attorney General's Conference on Law Enforcement. These sessions are attended by many police departments in Ohio.

    In addition, an article has been written for the August/September issue of The Trainer, a training publication sent to the training division of all police departments in the State. The AG's office has provided OFCC with a copy of this article, which appears below.

    UPCOMING CHANGES IN CCW LAW

    On September 8, 2008 significant changes to Ohio's concealed carry law, as modified by Sub. S. B. No. 184, will take effect. Open carry of firearms, which is a lawful activity in Ohio, is not affected. Notable changes allow licensees to carry handguns on school property if they are in the immediate process of dropping off or picking up a child, principal holders of D liquor permits and their employees who are off-duty peace officers may carry concealed handguns on liquor permit premises and sealed criminal records may not be considered in the licensing process for concealed carry licenses. Other major changes include: a rebuttable presumption of self-defense arises in criminal cases if a person uses deadly force against another in their residence or vehicle.

    Changes with respect to vehicle carry require that licensees carry firearms in one of the following ways: (1) in a closed package, box, or case; (2) in a compartment that can be reached only by leaving the vehicle; (3) in plain sight and secured in a rack or holder made for the purpose; (4) if the firearm is at least 24 inches overall and barrel is at least 18 inches, either in plain sight with action stripped, or, if the firearm cannot stay open/be easily stripped, in plain sight. A licensee may also transport a loaded handgun that is "securely encased by being stored in a closed glove compartment or vehicle console or in a case that is locked."

    When law enforcement stops a person and the person either: surrenders the firearm, or the officer seizes firearm, the following apply: first, if the firearm is not returned at end of stop, the officer or agency "shall maintain the integrity and identity of the firearm" as to be returned "in the same condition it was in when it was seized." Second, if the firearm is not returned and court action is necessary to compel the return of the firearm, the court "shall award reasonable costs and attorney's fees to the person who sought the order to return the firearm.

    Further information and training opportunities on the new bill will be forthcoming on the Attorney General's Office website and at the Fall 2008 Ohio Attorney General's Conference on Law Enforcement.
    OFCC thanks Attorney General Rogers and her staff for their efforts to help halt the harassment of law-abiding Ohio citizens by some law enforcement officials who claimed to be unaware that open carry is legal.

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    Hey oh...way to go Ohio. Nice work!

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    I know that there must be more, but I don't see where someone in a vehicle can have the weapon in a holster on their person. Did I miss something?

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    Heck, Mike....you beat me to it.

    OFCC...for the people, by the people. :celebrate

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    Campaign Veteran deepdiver's Avatar
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    So if you have a CCW valid in OH you can't CC in your vehicle? WTH? Does OC in a holster on your person qualify for the "in plain sight and secured in a rack or holder made for the purpose" or when I visit family will I have to unholster and put it in the console every time I get into the car? That would certainly make sense as we all know that the more you handle a loaded firearm in a tight, enclosed space the safer it is for everyone. Am I misreading or missing something?
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Edited.

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    deepdiver wrote:
    So if you have a CCW valid in OH you can't CC in your vehicle? WTH? Does OC in a holster on your person qualify for the "in plain sight and secured in a rack or holder made for the purpose" or when I visit family will I have to unholster and put it in the console every time I get into the car? That would certainly make sense as we all know that the more you handle a loaded firearm in a tight, enclosed space the safer it is for everyone. Am I misreading or missing something?
    This is currently under discussion.

    It is clearly a mistake, typo, or oversight of some sort. Ohio Revised Code states otherwise.

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    Jacksnack wrote:
    deepdiver wrote:
    So if you have a CCW valid in OH you can't CC in your vehicle? WTH? Does OC in a holster on your person qualify for the "in plain sight and secured in a rack or holder made for the purpose" or when I visit family will I have to unholster and put it in the console every time I get into the car? That would certainly make sense as we all know that the more you handle a loaded firearm in a tight, enclosed space the safer it is for everyone. Am I misreading or missing something?
    This is currently under discussion.

    It is clearly a mistake, typo, or oversight of some sort. Ohio Revised Code states otherwise.
    Can you get with Dan White at OFCC and ask him about this and get back to us? Thanks.

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    It clearly states that OC is not affected by these revisional laws....
    So OC in vehicle seems to be OK, unless it was against the law before hand,
    but then why the staements that it is OK to OC if previously it wasn't.

    Although how you would defend yourself with a dismantled weapon in your
    vehicle to be included in the self defense in home or car section is beyond me.
    I guess a 'Lucky' pistol wipping could happen.

    Otherwise a great start......:celebrate
    Now what if the said LEO happens to be the arresting officer of the said sealed
    case. He doesn't need the sealed record since he can use his own memory to deny.
    Seems to still leave wiggle room.




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    Well this is certainly a Win for OCers, and the CC will have to be clarified, but YAY FOR AN AG FOR DEFENDING THE RIGHTS OF THE PEOPLE. There is hope yet!

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    Mr White is wrong. He should not have said "licensees". The 4 parts he quoted were for non-licensees.

    You can still CC or OC in the vehicle with permit.

    You can read the changes to vehicle carry/transportation here,it starts at the bottom of page 76:

    http://buckeyefirearms.org/publicfil...B_184_PH_Y.pdf



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    snake021 wrote:
    Mr White is wrong. He should not have said "licensees". The 4 parts he quoted were for non-licensees.

    You can still CC or OC in the vehicle with permit.

    You can read the changes to vehicle carry/transportation here,it starts at the bottom of page 76:

    http://buckeyefirearms.org/publicfil...B_184_PH_Y.pdf

    Thanks, Snake!

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    snake021 wrote:
    Mr White is wrong. He should not have said "licensees".
    Re-read the announcement. White was QUOTING the AG's statement. It appears the AG is confused.

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    Thanks, Snake. Seems at least mostly reasonable for CC licensees.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Greetings!!!

    First of all, the letter is confusing. It seems pieces and parts were not fully proofread for clarification.

    This information was under discussion here (among other places):

    http://www.ohioccwforums.org/viewtop...=2&t=22553





    However, the new AG handbook has come out!!!! All info seems to be OK:

    http://www.ag.state.oh.us/le/prevent...8_ccw_book.pdf

    It is ILLEGAL to OC in a vehicle without a CHL.

    CHL carriers can still carry holstered in a vehicle.



    Regarding OC, at the bottom of page 18:


    Open Carry


    Ohio’s concealed carry laws do not regulate “open” carry of firearms.


    If you openly carry, use caution.
    The open carry of firearms is a legal

    activity in Ohio.


    I hope this cleas a few things up.

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    Just bumping this as a reminder.

    Today is the day!

    :celebrate

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    Looks like Ohio finally got an attorney general that has a clue, or is at least better than Marc Dann was.

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